Financial Intelligence Authority (FIA) Uganda

 

Uganda vs Yudaya Ntumwa Judgments

The accused stands charged with Money Laundering C/S 116 (c) & 136(1) (a) of the Anti-Money Laundering Act 2013. In the alternative, she was charged with receiving stolen property C/S 314 (1) of the Penal Code ACt, CAP 120.

a) Brief Facts

On 2nd November 2014 the accused a client of the KCB Bank Lwamulungi Sebastian then Head teller at Bank’s Kampala road branch and asked to meet him. When they met she informed him that she had secured a 1.5m USD deal with M/s Basco Paints, but that she needed USD 200,000 to pay commission Agents. She asked him to get her that money claiming that the Basco paint deal was a sure deal,and that the USD 200,000 would be refunded that very day with interest of USD 20,000. Lwamulungi got bank money and gave it to her the next day. The accused however did not go back to the bank that day as agreed. On Thursday 6th November 2014 the accused informed Lwamulungi that she had been conned.

(b) Proof of Money Laundering

The accused(Yudaya Ntumwa) had in her possession USD 200,000. She had reason to believe at the time of receipt that the money was proceeds of crime.

(c) Consequences

The accused was convicted of Money Laundering C/S 116 (C) & 136 (1) (a) of the Anti-Money Laundering Act 2013. Pw1 (Lwamulungi) ended up losing his job and paid a lot of money in compensation, all because of the accused’s actions. Prosecution submitted, the offence of Money Laundering is serious, and in this case it directly disrupted commerce.

(d) Sentence
  1. She will serve 8 year’s imprisonment for the offence of money laundering for which she has been convicted.
  2. Pw1 (Lwamulungi) gave up one piece of land in partial compensation to the Bank. The Accused who was the master mind of the crime is hereby ordered to pay compensation of USD 200,000 to the complainant bank.
  3. The cash bail of 6m/= she deposited in court will go the Bank as compensation.
  4. The Accused will not hold public office for a period of 10 years effective 28th July, 2020.

Download Court Ruling

Uganda vs Kamya Valentino & Three Others

In 2015, the Financial Intelligence Authority received information indicating that an accountant with the Embassy of Sweden in Uganda was being investigated for suspected embezzlement of UGX 8.4 billion from his employer. It was indicated that this accountant would transfer the proceeds of crime into bank accounts belonging to his associates, including his wife.

Subsequent investigations revealed that he had used some of the money to acquire properties mainly real estate and high-end motor vehicles, but disguised ownership of these properties by registering them in the names of a fake company in which his father in-law was a shareholder. Other properties were registered in the names of his wife.

The Financial Intelligence Authority aided the investigations by tracing and halting transactions on the bank accounts into which some of the proceeds of crime had been deposited. This was done to prevent flight of funds, and to ensure a successful asset recovery process after conviction.

The accused was convicted on 28th July, 2020 of seven counts of money laundering under a plea bargain. He was sentenced to three years’ imprisonment and agreed to compensate the Swedish Embassy the full sum of UGX 8.4 billion after selling all the properties he had acquired using the stolen funds. In addition, his wife and father in-law were convicted of money laundering for their roles in concealing the illicitly acquired property.

 

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The AML/CFT sanctions regime consists of both criminal and administrative sanctions. Section 136 of the AMLA ACT, Cap 118 provides for the penalties for Money Laundering offences committed. It prescribes for both natural and legal persons. Section 21(pa) gives powers to the Financial Intelligence Authority to impose administrative sanctions on an accountable person who fails to comply with directives, guidelines or requests issued by the Authority.

Download Sanctions and Penalties here.

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